Law exam 2 summary questions

What is the impact of the Fourth Amendment of the United States Constitution on a citizen's reasonable expectation of privacy?

Government. It requires authorities to have a warrant, based on probable cause, to search someone's property. This helps ensure people’s privacy is respected unless there’s a valid legal reason.

What is meant by "public disclosure of private facts?"

This term refers to when private information about a person is made public without their permission, and it causes harm. The information must not be newsworthy and should be something a reasonable person would find offensive if made public.

Explain HIPAA and FERPA.

HIPAA (Health Insurance Portability and Accountability Act) protects the privacy of individuals’ health information. FERPA (Family Educational Rights and Privacy Act) protects the privacy of student education records and gives rights to parents and students to control who can access those records.

Provide several examples of State Privacy Statutes.

Examples of state privacy laws include California’s Consumer Privacy Act (CCPA), Illinois’ Biometric Information Privacy Act (BIPA), and New York’s SHIELD Act. These laws protect personal information and regulate how businesses handle it.

How does the First Amendment of the United States Constitution impact privacy laws?

The First Amendment protects free speech and the press, but it can conflict with privacy laws. Courts have to balance free speech rights with the right to privacy, especially when it comes to publishing private facts about individuals.

What is the definition of a contract? What are the elements of a contract?

A contract is an agreement between two or more parties that can be enforced by law. The main elements are: an offer, acceptance, consideration (something of value exchanged), mutual agreement, and a legal purpose.

What is the difference between a unilateral contract and a bilateral contract?

A unilateral contract involves one person making a promise in exchange for someone doing something, like offering a reward. A bilateral contract involves two people making promises to each other, like agreeing to sell and buy a product.

Describe the following contracts: Valid, Unenforceable, Voidable, and Void.

A valid contract is legally binding. An unenforceable contract is valid but can’t be enforced for legal reasons. A voidable contract is valid but one party can choose to cancel it. A void contract is not legally binding from the start.

What is the difference between express contracts and implied contracts?

An express contract is clearly stated in words, either spoken or written. An implied contract is not directly stated but understood through actions or circumstances.

Provide an example of "promissory estoppel."

If someone promises to give you a job and you move for it, but they change their mind, you might use promissory estoppel to hold them accountable since you relied on their promise.

What is "consideration" in a contract?

Consideration is what each party gives up in a contract, like money, goods, services, or a promise to act or not act.

What is the difference between an act and forbearance?

An act is doing something, like delivering a product. Forbearance is choosing not to do something you have the right to do, like a creditor not collecting debt.

What types of contracts must be in writing to be enforceable?

Contracts that must be in writing include those for the sale of real estate, agreements that last more than a year, and contracts for goods worth $500 or more.

What elements must be included in a written contract?

A written contract should include the names of the parties, what the contract is about, the terms, and signatures from all parties involved.

Define the Uniform Commercial Code (UCC), what it does, and its legal application

The UCC is a comprehensive set of laws governing commercial transactions in the United States.

What is the specific application of Article 2 of the UCC?

The sale of goods

What is a merchant?

Someone who is buying or selling goods

Compare and contrast an express warranty and an implied warranty

An express warranty is a specific promise or representation made by the seller regarding the performance of a product, often found in the sales contract or advertising. An implied warranty comes from operation of law and does not require explicit statements. It includes warranties like the implied warranty of merchantability (goods must be fit for their ordinary purpose) and the implied warranty of fitness for a particular purpose (goods suitable for the buyer's specific use).

Define an agency relationship.

An agency relationship is when one person, called the agent, agrees to act on behalf of another person, called the principal, in business or legal matters. The agent’s actions can legally affect the principal.

What conditions must exist to create an agency relationship?

To create an agency relationship, there needs to be: (1) agreement between the principal and the agent that the agent will act for the principal, (2) the agent must follow the principal’s instructions, and (3) the agent must be doing specific tasks for the principal.

What are the agent's duties to a principal?

Loyalty: The agent must act in the best interest of the principal.

Care: The agent needs to be careful and responsible.

Obedience: The agent has to follow the principal’s lawful instructions.

Notification: The agent should keep the principal informed.

Accountability: The agent must keep accurate records of their actions.

What remedies can be available to a principal when there is a breach of agent's duties?

If the agent doesn’t do their job correctly, the principal can:
• Seek damages: The principal can ask for money to cover their losses.
• Recover profits: The principal can take any profits the agent earned unfairly.
• End the relationship: The principal can fire the agent.

• Get an injunction: A court can stop the agent from continuing harmful actions.

What are the principal's duties to the agent?

Paying the agent for the work they do.
Reimbursing expenses that the agent pays while doing their job.
Indemnifying (protecting) the agent for losses when doing their job properly.
Helping the agent by not interfering with their work.

What are the conditions for the termination of the agency/principal relationship?

The agency relationship can end if:
• Both parties agree to end it.
• The job is completed.
• A specific time period ends.
• Either party dies or becomes bankrupt.
• One party decides to end it.

Compare and contrast express authority, implied authority, and apparent authority. 

Express authority: The principal directly tells the agent what they are allowed to do,
either verbally or in writing.

• Implied authority: The agent has the authority to do things that are necessary to carry
out their express authority, even if it’s not directly stated.
• Apparent authority: A third party believes the agent has authority based on the
principal’s actions, even if the agent doesn't actually have that authority.

What is the agent's liability for a contract?

The agent’s responsibility for a contract depends on the situation:
• If the principal’s identity is known, only the principal is responsible.
• If the principal’s identity is unknown or only partly known, the agent can be held
responsible for the contract.

When is a principal not liable for the physical and nonphysical torts of an employee?

A principal is usually not responsible for the employee’s actions if:
• The employee wasn’t doing their job when they caused harm.
• The employee did something intentional that wasn’t part of their job.
• The employee is an independent contractor and not a regular employee.

When is an agent liable for torts?

An agent can be held responsible if:
• They personally committed a harmful act.
• They did something harmful on purpose while doing their job.
• They went beyond their authority and caused harm.

What is the traditional common law rule for employment?

Unless an employment contract specifies an employment term/duration, or an employer has a specific policy against employment at will, employees are at-will employees

What are 3 reasons for wrongful discharge of an employee?

1. Refusing to violate the law; 2. Exercising a legal right; 3. Supporting societal values

What is the Family and Medical Leave Act of 1993 and what does it provide employees?

It guarantees both men and women up to 12 weeks of unpaid leave each year for childbirth, adoption, or serious health conditions of their own or immediate family. An employee taking FLMA must be allowed to return to the same or equivalent with the
same pay and benefits. This applies to companies with at least 50 employees and to employees who have been employed for at least one year.

Does an employer have the right to terminate an employee for alcohol and drug use? 

Yes, private employers are permitted to test job applicants and workers randomly for alcohol and illegal drugs.

Does an employer have the right to monitor an employee's electronic communication?

The Stored Communications Act (SCA) prohibits unauthorized access to electronic communications (emails, voicemail, social media). However, the exceptions are if the employee consents, if the monitoring occurs in the ordinary course of business on a company-owned device, and if the employer provides the email system.

Define and describe OSHA. How does it impact the workplace?

Under this act, employers are required to:
1. Keep the workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm.
2. Comply with Occupational Safety and Health Act (OSHA) health and safety standards.
3. Keep records of all workplace injuries

4. Be subject to OSHA oversight (inspections, recommendations, and fines)

What does Section 7 of the National Labor Relations Act state regarding the right of employees to organize and to bargain with an employer?

Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other
mutual aid or protection, and shall also have the right to refrain from any or all such activities.

Define and describe the Equal Pay Act of 1963. 

The Equal Pay Act requires that men and women in the same workplace receive equal pay for equal work. “Equal work” means jobs requiring the same skill, effort, and responsibility under similar working conditions. Unequal pay is only allowed if it is based on seniority, merit, quantity or quality of production, or any factor other than sex. The purpose of the law is to close the wage gap between men and women.

Define and describe Title VII of the Civil Rights Act of 1964. 

Title VII makes it illegal for employers to discriminate against employees or job applicants based on race, color, religion, sex, or national origin. It applies to all aspects of employment, including hiring, firing, pay, promotion, and working conditions, protecting individuals in these categories from unequal treatment.

What is the difference between disparate treatment and disparate impact. 

Disparate treatment occurs when an employer intentionally treats someone differently because of their race, sex, religion, color, or national origin. Disparate impact occurs when a neutral policy or practice appears fair but disproportionately excludes people in a protected group, even if the discrimination is unintentional

How does Title VII of the Civil Rights Act of 1964 define a hostile work environment?

Under Title VII, a hostile work environment exists when a workplace becomes so intimidating, offensive, or abusive toward people in a protected category that it interferes with their ability to work. This includes harassment or behavior based on race, sex, religion, national origin, age, disability, or pregnancy.

What does Title VII of the Civil Rights Act of 1964 require of employers' treatment of an employee's religion? Sex (gender)? National origin? Physical appearance? Pregnancy? Criminal history? Age?

Religion: Employers must reasonably accommodate employees’ religious practices unless doing so causes undue hardship.
Sex (Gender): Employers may not make employment decisions based on gender or sexual stereotypes.
National Origin: Employers cannot discriminate against individuals because of their ancestry, accent, or country of origin.
Physical Appearance: Employers may set appearance standards but cannot apply them unequally based on gender or race.
Pregnancy: The Pregnancy Discrimination Act requires employers to treat pregnancy like any other temporary medical condition.
Criminal History: Employers must ensure that criminal background checks do not disproportionately harm protected groups unless relevant to job performance.
Age: The Age Discrimination in Employment Act prohibits discrimination against individuals who are 40 years or older.

What is meant by "reverse discrimination?"

Reverse discrimination refers to employment decisions that disadvantage members of historically advantaged groups, such as white males, based on their race or gender. It is unlawful under the same laws that protect other groups unless it is part of a legitimate affirmative action plan.

Define and describe the Americans with Disabilities Act (ADA) of 1990.

The ADA prohibits employers from discriminating against qualified individuals with disabilities. A disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Employers must provide reasonable accommodations unless doing so would cause undue hardship.

What is the role of the Equal Employment Opportunity Commission (EEOC)?

The EEOC enforces federal laws prohibiting employment discrimination, including the Equal Pay Act, Title VII, the ADA, and the ADEA. Employees who believe they have been discriminated against must first file a charge with the EEOC, which investigates, mediates, or may file suit on their behalf. If the EEOC does not take action, it issues a “right to sue” letter, allowing the individual to file their own lawsuit.